Pubdate: Thu, 22 Jul 2004 Source: Kentucky New Era (KY) Copyright: 2004 Kentucky New Era Contact: http://www.kentuckynewera.com/ Details: http://www.mapinc.org/media/1628 Author: Melony Leazer NEW ERA FILES COURT PAPERS TO OPEN TASK FORCE SETTLEMENT HOPKINSVILLE -- The Kentucky New Era is seeking a court order to open a confidential settlement reached between a former employee of the Pennyrile Narcotics Task Force, the agency and its director. On Wednesday, the newspaper filed in Christian Circuit Court a motion to intervene and unseal the court file in a sexual harassment lawsuit against the task force and director Cheyenne Albro. Dan Kemp and Jason Holland, attorneys with Kemp, Ison, Harton, Tilley and Holland law firm, filed the briefs on behalf of the New Era. Attorneys representing the parties named in the suit told the New Era last month that a settlement had been reached with the plaintiff, Teresa Cannon, and the defendants, but declined to release the terms. Earlier this month, special Judge John W. Potter, who was appointed to preside in the case, issued a court order dismissing the case and imposed a confidentiality provision that refrained either party from discussing the terms reached. "This sudden denial of access to the court file, including the settlement agreement between the parties, not only infringes on the constitutional and common law rights of the public and the New Era, but this infringement is made even more egregious by the fact that Cheyenne Albro is a public employee and the Task Force is a public agency, whose records are, by law, open," the newspaper's motion stated. The task force is a public agency because its budget is funded mostly through federal and state monies. "The public has a significant interest in knowing about all aspects of this case, including the terms of the settlement agreement, and whether or not public funds were paid by the Task Force to settle the plaintiff's claims," the newspaper argued. The New Era has reported on the litigation since early 2003 when Cannon filed the suit. She was seeking compensation from the defendants for punitive and actual damages. Before the motion was filed Wednesday, the newspaper asked assistant Christian County attorney John Soyars, who represents the task force, and Cannon's attorney, Andrew Self, to release the settlement. Both declined to do so. "We all agreed to keep it confidential," Soyars told the New Era. In Kentucky, settlement agreements involving a public agency historically have been open to inspection by the public. Ashley Pack, a Louisville attorney who specializes in First Amendment rights and represents newspapers belonging to the Kentucky Press Association, said confidentiality requests should not be granted in cases that name public agencies as a party. "It's actually wrong. Courts shouldn't do that," she said. A hearing on the newspaper's motion has not been scheduled yet. Cannon claimed in the lawsuit that Albro sexually harassed her until Jan. 27, 2003, and fired her from work at that time through a written letter of termination. She alleged that he "engaged in numerous and repeated acts of sexual harassment" directed at her while employed with the law enforcement organization. The task force has denied that it employed Cannon as a permanent employee. Albro testified during his deposition last November that Cannon was hired as a temporary employee to clean the task force office located here and assist with training law enforcement officers about methamphetamine. She previously was convicted of charges involving the illegal substance. - --- MAP posted-by: Larry Seguin